SANDY CR. FOREST, INC. v. PennDER

No. 1900 C.D. 1985.

95 Pa.Commw. 457 (1986)

505 A.2d 1091

Sandy Creek Forest, Inc., Petitioner v. Commonwealth of Pennsylvania, Department of Environmental Resources, Respondent.

Commonwealth Court of Pennsylvania.

March 6, 1986.


Attorney(s) appearing for the Case

John A. Mihalik, Hummel, James & Mihalik, for petitioner.

Vincent M. Pompo, Assistant Counsel, with him, Lynn Wright, for respondent.

Argued February 4, 1986, before Judges CRAIG and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, March 6, 1986:

This is an appeal by Sandy Creek Forest, Inc. (Petitioner) from an order of the Environmental Hearing Board (Board) which, upon the motion of Department of Environmental Resources (DER), dismissed Petitioner's appeal to the Board from a letter written by DER, on the ground that the letter does not constitute a final action and is, therefore, not appealable. We affirm.

Petitioner owns an undeveloped tract of land in...

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